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Analysis of House of Representatives Bill 993: Opioid Abuse Prevention and Treatment Act of
2017
Kanchana Allan
Analysis of House of Representatives Bill 993: Opioid Abuse Prevention and Treatment Act of
2017
According to the Centers for Disease Control and Prevention (CDC), there were enough opioids
prescribed in 2015 that could have medicated every American, 24 hours per day for three weeks
(CDC, 2017b). To help combat this growing epidemic, a congressional policy was proposed on
February 9, 2017 cited as the “Opioid Abuse Prevention and Treatment Act of 2017”
prescribing and dispensing practices of drugs listed as schedule II or III under the Controlled
Substances Act (Congress.gov, 2018). If restrictions are placed on prescribing and dispensing
practices, it will require changes in pain management techniques from a nursing perspective
(Pasero, Quinlan-Colwell, Broglio, & Drew, 2016). The purpose of this paper is to analyze the
proposed policy using Malone’s (2005) health policy analysis framework and identify ethical
is estimated that 20% of adults with non-cancer related pain are prescribed opioids by their
primary care provider (CDC, 2017a). Data has shown that those who abuse opioids the most
obtain them from friends and family or from drug dealers (CDC, 2017a). However,
approximately 85% of opioids in circulation were originally dispensed through primary care
providers (CDC, 2017a). Demographic data shows prescription use is greater in specific
individuals. These include adults 40 years and above, women (more than men), and non-
country (Olsen, Daumit, & Ford, 2006). In a study conducted by Olsen et al (2006), physicians in
HR 993: OPIOID ABUSE PREVENTION 3
the Northwest and Southern states were more likely to prescribe opioids for chronic pain versus
those in the Midwest or the Northeast (Olsen et al, 2006). This could be explained by the more
lenient laws in the West and South. Pain laws in the 1990s protected physicians from legal
implications related to opioid prescriptions for pain as it was determined to be within their
prescribing rights. In the Northeast and Midwest, strict documentation requiring triplicate copies
of the prescription was mandated which discouraged physicians from prescribing. Another
argument can be made that states such as Washington, Oregon, and California have very
progressive views about drug treatment for pain such is the case with the legalization of
marijuana for medical purposes (Olsen et al, 2006). Olsen et al (2006) connected the results to
previous research, which has shown that physicians do not always adhere to recommended
practice guidelines for prescribing. The combination of discomfort in not treating a patient’s
pain, along with poor training, time constraints, and risk of adverse outcomes may push primary
Monitoring Program (PDMP), an electronic system that tracks the prescription of controlled
substances within a state. The system allows health care providers to view prescribing histories
of patients. However, there are several limitations with the PDMP. Pharmacists are required to
enter prescriptions into the state’s PDMP but are not required to enter in real time. Pharmacists
submit information at daily to monthly intervals, which can lead to inaccurate prescription
tracking (CDC, 2017a). Additionally, since the system automatically tracks credit purchases,
drug abusers can pay cash to avoid being detected in the system. Also, some pharmacists do not
verify that the individual picking up the prescription is the patient. Furthermore, there is a lack of
robust data sharing across the country, which encourages drug abusers to travel to another state
United States since the late 1800s (The National Alliance, 2016). The Controlled Substance Act
of 1970 was the first policy to regulate the manufacturing and distribution of various drugs
including narcotics, stimulants, hallucinogens, etc. (The National Alliance, 2016). This policy
also categorized drugs into five classes based on their potential harm, with category one being
the most dangerous. It was not until 1986 that a federal law was enacted to establish drug abuse
Representatives on February 9, 2017. Congressman Bill Foster (Democrat from Illinois) is the
lead sponsor of the bill. After the policy was introduced to Congress, it was referred to the
Committee on Energy and Commerce on the same day (Congress.gov, 2018). On February 10,
2017, the bill was referred to the Subcommittee on Health. It is currently in process of review
II or III under the Control Substances Act and contains several proposals within. One such
proposal is the implementation of a one-year pilot program in one or more states (Congress.gov,
2018). These states will receive funding by the federal government to create a standardized
process for tracking, which will allow insight into the prescribing and dispensing practices of
primary care providers and pharmacists using the prescription drug monitoring programs
(PDMP) (Congress.gov, 2018). The evaluation of the process and methodology will be peer
reviewed and the data will be shared with relevant professional health boards as well as state
regulators (Congress.gov, 2018). Additionally, the policy includes awarding 5-year grants to
states, physician organizations, and health institutions to implement training programs for their
HR 993: OPIOID ABUSE PREVENTION 5
primary care providers (including nurse practitioners and physician’s assistants) (Congress.gov,
2018). The purpose of the training is to teach providers how to screen for patients with potential
addiction tendencies, how to provide brief interventions, and how to refer patients for treatment
as necessary to prevent drug abuse of controlled substances (Congress.gov, 2018). The bill
outlines continuing education certification for those providers who have completed training on
safe prescribing for schedule II or III drugs. Next, the policy proposes to request practitioners
and pharmacists to conduct a screening for prior drug abuse before prescribing medication
(Duke, 2017). This task will be delegated to the Department of Justice (Duke, 2017). The policy
will seek approval from the Food and Drug Administration (FDA) to allow purchase of naloxone
(used to reverse opioid overdose) as an over the counter medication (Congress.gov, 2018).
Finally, the bill proposes enforcing opioid dispensing limits for hospital emergency departments
(Congress.gov, 2018).
Policy Analysis
Congressman Foster argues that the opioid epidemic has become a public health crisis in
the United States (Foster, 2018a). He emphasizes that people need to start viewing opioid
addiction as a treatable medical condition rather than a failure attributed to the patient (Foster,
2018a). Foster emphasizes that the science behind addiction needs to be understood in order to
better address the issue (Foster, 2018a). HR 993 proposes a multi-faceted approach to fighting
the opioid epidemic from understanding prescribing patterns of primary care providers, to
screening for patients who may be predisposed to addiction, to expanding the prescription of
drugs to help treat opioid addiction and abuse (Congress.gov, 2018). This approach will require
funding to better understand pain management and to provide proper training to prescribers.
In September 2017, Foster stated that over 90 people die from heroin or opioid overdose
every day in the US. There was a 70% increase in overdose-related deaths from 2014 to 2015
(Foster, 2017). Combatting this problem requires alternatives to using opioids for pain. A
HR 993: OPIOID ABUSE PREVENTION 6
research study that won the Nobel Prize identified specific protein receptors in the brain that are
responsible for the addictive response (Foster, 2017). The National Institutes of Health (NIH)
conducted research on pain treatment, overdose prevention and dependency treatment, but
further testing is needed (Foster, 2017). However, President Trump may cut funding to the NIH
by $2 billion in his 2018 budget policy, which could severely impact this research and prevent
thousands of people from benefiting from the outcomes of that research (Foster, 2018b ). Passing
HR 993 may help to shed a spotlight on the need for further research into preventing opioid
addiction.
Ethical Discussion
If HR 993 passes, it will have a large impact on healthcare professionals and patients. In
one regard, it seems obvious that providers should restrict prescribing opioids to those patients
who may be profiled as addictive personalities or who have past history of drug abuse. It is
necessary to view the proposed bill from an ethical perspective. With the possibility of patients’
preference being put aside, autonomy is one ethical consideration to explore (Beauchamp and
Childress, 2013). The policy’s proposals could potentially withhold prescribing medication for
pain, which leaves the patient in a dire situation. Consequently, leaving a patient with untreated
pain is unethical (Bennett, 2017). Healthcare providers are obligated to advocate and protect
their patients, which leads one to also consider the importance of nonmaleficence and
controlling interference by others and limitations that prevent meaningful choice, such as
inadequate understanding” (Beauchamp and Childress, 2013, pg. 101). This means allowing the
patient to decide which option is best for himself after being provided with all the necessary
information and without coercion in any particular direction. With greater scrutiny of prescribing
HR 993: OPIOID ABUSE PREVENTION 7
practices, will HR 993 deter primary care providers from prescribing opioid pain medications to
the patients that genuinely need it? Does this oppose the patient’s autonomy? Foster pushes for
greater scrutiny, through trained practitioners, to sift out those patients who have tendencies to
abuse drugs or have done so in the past. These individuals may be viewed as persons with
‘diminished autonomy’ (Beauchamp and Childress, 2013, pg. 101) as they can be viewed as
handicapped due to their altered mental status due to the influence of drugs. In this situation, the
patients may lose their right to autonomy (Beauchamp and Childress, 2013). HR 993 will review
prescription drug monitoring program (PDMP) system. The policy also requires prescribers to
register with the Drug Enforcement Administration before being eligible to prescribe controlled
substances. The data from the system will be available to professional health boards and state
regulators. Fosters stance on these programs is to make prescribing opioids for patients harder in
order to protect them from overdose and addiction. However, providers may be very hesitant to
prescribe under these guidelines, fearing that they may be implicated for inappropriate
dispensing of drugs. This places providers in an authoritative position and removes the patient’s
choice from the decision-making process. It is important that respect for autonomy not be
violated with this policy. This includes ensuring that the patient is well educated regarding drug
treatment so that they understand relevant information related to their choices. If a patient’s
autonomous right is restricted, then the argument must be clear that the provider is acting to
known synonymously with the Hippocratic oath places great responsibility on healthcare
providers to protect their patients. Similarly, non-maleficence states that “One ought not to inflict
HR 993: OPIOID ABUSE PREVENTION 8
evil or harm” (Beauchamp and Childress, 2013 pg. 152). HR 993’s purpose is to protect patients
from undue risk of addiction and overdose by putting in place stricter procedures and regulations
over prescribing practices. However, if this decision puts the patient in pain, does this fall within
the constructs of non-maleficence? If the patient’s pain persists and becomes chronic, then he/she
may resort to illicit drugs to alleviate it (Bennett, 2017). Untreated pain can contribute to poor
quality of life and lead to adverse physiological and psychological issues (Bennett, 2017;
Glowaki, 2012). The bill may impact some patients by promoting prescribers to withhold
treatment of opioids, whereas others may have treatment withdrawn. There are arguments that
withdrawing treatment may be a worse alternative (Beauchamp and Childress, 2013). In the case
treatment programs for opioid withdrawal. However, this may not make the patient feel any less
anxious.
Beneficence is described as doing what is good for others (Beauchamp and Childress,
2013). It requires health care professionals to advocate, support, educate, assess and help their
patients to find a balance between controlling pain and ensuring safety (Pasero et al, 2016). The
from the use of opioids. Just as with non-maleficence, there are two sides to this ethical
consideration. By protecting patients from using these drugs, providers are left with the issue of
untreated pain. Utility is a concept connected with beneficence. It “requires that agents balance
benefits, risks, and costs to produce the best overall results” (Beauchamp and Childress, 2013 pg.
202). In order to truly protect the patient and the patient’s best interest, a balance must be struck
on both sides of each of these ethical perspectives (Beauchamp and Childress, 2013). HR 993 is
designed to protect patients from unnecessary exposure to opioid treatment. The bill seeks to “do
no harm” and to benefit patients (Beauchamp and Childress, 2013 pg. 150) by training providers
HR 993: OPIOID ABUSE PREVENTION 9
to identify those at risk for addiction and overdose; by learning how to treat and refer patients
who are already suffering from addiction; and by implementing better tracking systems to
identify those who are attempting to obtain un-prescribed medication (Congress.gov, 2018).
Nursing and the Opioid Epidemic
Nurses are constantly faced with the dilemma of managing patients’ pain levels (Glowaki,
2012). Patient and provider education regarding pain is an important aspect in helping to control
pain. A patient’s understanding about pain is important in framing their perspective of the pain
therapy (Glowaki, 2012). A review and analysis of opioid policies at various levels of the
government was conducted by Jukiewicz, Alhofaian, Thompson, and Gary (2017). Their analysis
revealed inconsistencies across the country in prescribing behaviors, medication knowledge and
education, pain level assessment, and regulatory oversight by government agencies. The authors
felt that these all contributed to the opioid challenge faced today (2017). There are several
implications to nursing that surfaced from the authors’ analysis that resulted in several
recommendations. Nurses of all levels (but especially advanced care nurses who prescribe) need
to have a better understanding of the opioid prescribed, which includes knowing the
pathophysiology as well as the side effects and signs of addiction and overdose (Jukiewicz et al,
2017). It is critical for nurses to collaborate closely with members of the healthcare team to
communicate details regarding the patient’s pain goals, past drug history, and emotional/physical
status. The authors also recommend that nurses are provided with in-depth education regarding
and protects the rights, health, and safety of the patient,” (Fowler & American Nurses
Association [ANA], 2015, p. 23). The emphasis of this provision is to preserve and promote a
culture of safety for the patient. This includes nurse education regarding policies and procedures
at the institutional level to understand when the treatment of a patient is unsafe. Section 3.5 of
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provision three talks about the nurse’s responsibility to ensure safety by identifying and exposing
questionable practice. The details within this part of the provision clearly outline the nurse’s role
in serving as a whistleblower for unethical, illegal practices that can harm the patient’s welfare
(Fowler & ANA, 2015). HR 993’s proposal intends to find areas of questionable practice through
the peer-reviewed, standardized process of exploring current prescribing and dispensing practices
(Congress.gov, 2018).
There may be times when nurses feel a conflict of interest when caring for a patient.
Provision two of the Code of ethics states “The nurse’s primary commitment is to the patient,
whether and individual, family, group, community, or population,” (Fowler & American Nurses
Association [ANA], 2015, p. 11). The obligation for nurses has been to put the needs of the
patient first, however this has changed in the context of the more paternalistic model and
Hippocratic oath to “do no harm,” (Fowler & American Nurses Association [ANA], 2015, p. 14).
In the case of opioid prescription, nurses may feel a need to advocate for their patient and
minimize their pain. As this provision states, the environment is more complex in the modern
world. Even though minimizing pain is important, choosing opioids for someone who struggles
with addiction may be putting them at greater harm (Fowler & ANA, 2015). Nurses will need to
collaborate more with physicians in order to provide the optimum level of care. Section 2.3 of
the provision discusses collaboration and the active participation that is necessary in order to
achieve this (Fowler & ANA, 2015). If HR 993 is passed, hospitals and institutions may need to
killed thousands of people (Foster, 2017a). I also understand that the feeling of pain is very real
for each person. It is not for one person to judge the pain of another because God has made each
of us unique. I also agree with the recent arguments made by Foster that we should refrain from
HR 993: OPIOID ABUSE PREVENTION 11
condemning those that are addicted to opioids. We need to stop placing blame and start to look
for solutions. Opioid addiction is a disease just like any other and it is in our best interest to help
those around us to overcome. The Bible says in 1 Corinthians 10:13 13 “No temptation has
overtaken you but such as is common to man; and God is faithful, who will not allow you to
be tempted beyond what you are able, but with the temptation will provide the way of escape
also, so that you will be able to endure it,” (New American Standard Bible Version). Perhaps HR
993 is a way to help those plagued with addiction to overcome, but a lot of work is still required.
I think there should be more emphasis on alternatives to pharmacological pain treatment, such as
music therapy, guided imagery, and meditation. I would like to see this reflected in the bill. Close
collaboration between the interdisciplinary healthcare team is vital in order to have all of the data
to make a decision that will benefit the patient. This includes providing more opportunities for
nurses to immerse themselves in the pathophysiology and medical aspects of treatment. Nurses
are often the first and sometimes last line of defense for patients, which makes nurses
involvement in policy development very important (Jukiewicz et al, 2017). The opioid epidemic
Conclusion
The opioid epidemic is a growing problem in the US, killing thousands annually (Foster,
2017). However, it is also a problem that can be controlled. The proposals outlined in HR 993
can help provide the proper training and guidance for providers to understand the signs of
improper use of opioid medications (Jukiewicz et al, 2017). It will take a multi-pronged approach
using systems, training, and education in order to be effective. It is important to recognize the
need for alternatives to pharmacological pain treatment if opioid prescriptions are restricted.
Leaving patients with untreated pain is not an option. Healthcare providers are bound by an oath
HR 993: OPIOID ABUSE PREVENTION 12
to protect and advocate for their patients. HR 993 may require modification in order to ensure
that the ethical concepts of autonomy, non-maleficence, and beneficence are considered and
incorporated into the policy. HR 993 may not be the perfect solution for the opioid epidemic, but
References
Beauchamp, T. L., & Childress, J. F. (2013). Principles of biomedical ethics. New York: Oxford
University Press.
Bennett, K., RN. (2017). The Opioid Epidemic and Untreated Pain: Ethical Tensions. Retrieved
untreated-pain-ethical-tensions/
Congress.gov. (2018). Text - H.R.993 - 115th Congress (2017-2018): Opioid Abuse Prevention
congress/house-bill/993/text?q=%7B%22search%22%3A%5B%22opioid%22%5D
Centers for Disease Control and Prevention (CDC). (2017a). Opioid Overdose. Retrieved April
Centers for Disease Control and Prevention (CDC), (2017b). Vital Signs. Retrieved April 05,
Duke Science and Society (2017). Opioid Abuse Prevention and Treatment Act of 2017 (HR 993,
abuse-prevention-and-treatment-act-2017-hr-993-115th-congress
Foster, B., U.S. Congressman. (2017). Fight the opioid epidemic with science. Retrieved April
with-science
Foster, B., U.S. Congressman. (2018a). Opioid Crisis. Retrieved April 05, 2018, from
https://foster.house.gov/issues/opioid-crisis
Foster, B., U.S. Congressman. (2018b). Foster Statement on Trump Opioid Plan. Retrieved April
opioid-plan
Gabay, M., JD, BCPS. (2015). Prescription Drug Monitoring Programs. Hospital Pharmacy, 50,
277.pdf
Glowacki, D., RN, MSN, CNS, CNRN-CMC. (2015, June). Effective Pain Management and
Improvements in Patients' Outcomes and Satisfaction. Retrieved April 06, 2018, from
http://ccn.aacnjournals.org/content/35/3/33.full
Govtrack.us (2017). Opioid Abuse Prevention and Treatment Act of 2017 (H.R. 993). Retrieved
Jukiewicz, D. A., Alhofaian, A., Thompson, Z., & Gary, F. A. (2017). Reviewing opioid use,
Malone, R. E. (2005). Assessing the Policy Environment. Policy, Politics, & Nursing Practice,
HR 993: OPIOID ABUSE PREVENTION 14
Olsen, Y., Daumit, G. L., & Ford, D. E. (2006). Opioid Prescriptions by U.S. Primary Care
doi:10.1016/j.jpain.2005.11.006
Pasero, C., Quinlan-Colwell, A., Rae, D., Broglio, K., & Drew, D. (2016). American Society for
Doses Based Solely on Pain Intensity. Pain Management Nursing, 17(3), 170-180.
doi:10.1016/j.pmn.2016.03.001
The National Alliance of Advocates for Buprenorphine Treatment. (2016). Retrieved April 06,
Kanchana Allan
1988 Monarch Ridge Circle
El Cajon, CA 92019
April 6, 2018
I am a second degree nursing student at Azusa Pacific University. Prior to nursing school I
worked at a biotechnology company for over 26 years. I understand the importance medications
have in improving the quality of life of patients from the pharmaceutical industry and nursing
perspective. I also understand the issues we face as a nation when it comes to the use of opioids
for treatment of pain. I’m writing to thank you for your support of Congressman Foster’s HR 993
bill: “Opioid Abuse Prevention and Treatment Act of 2017”.
I believe this bill is a step in the right direction for addressing opioid abuse and addiction. The
strategies outlined in the bill will help to monitor and regulate the prescribing patterns of
providers. It will also help train and educate providers to identify those patients who may be at
greater risk for abusing their medications. In addition to what is already in the proposed bill,
there needs to be more emphasis on developing alternatives to pharmacological pain treatment,
such as the use of meditation, music therapy, or other non-medicinal pain management
interventions. Congressman Foster has outlined work initiated by the National Institutes of
Health (NIH) to do just that. I believe this research combined with HR 993’s proposals can make
a significant difference in reducing opioid abuse and potentially save thousands of lives.
As a future nurse and nurse practitioner, my commitment will be to protect and advocate for the
health and safety of my patients. This bill is aligned with that commitment. I hope you feel the
same and can help promote this bill in Congress and vote to move it forward.
Sincerely,
Kanchana Allan
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Appendix
Rubric
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